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HomeMy WebLinkAboutMINUTES - 09151987 - 2.1 �j t'D ,` i , 60ARD OF SUPERVISORS "'-00, FROM Phil Batchelor Cwtrd County Administrator cx) is DATE: September 8, 1987 CO * SUBJECT: Minority/Women Business Enterprise �'� ��1 Construction Contract Policy (MBE/WBE) -aNii�o -- SPECirIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Adopt the attached policy to govern the involvement of minority- and women-owned business enterprises in receiving construction contracts awarded by the County. 2 . Direct the Public Works Director and the Director of General Services to prepare departmental procedures and contract provisions to implement the attached policy and file them with the County Administrator by October 31, 1987 . 3 . Direct the Public Works Director and the Director of General Services to submit to the County Administrator annual progress reports on the extent to which they have achieved the goals set forth in the attached policy, with the first report to be due in July, 1988. 4. Direct the County Administrator to report to the Board of Supervisors during July, 1988 and annually thereafter on the extent to which the goals outlined in the attached policy were achieved and where goals have not been met recommendations for correcting any deficiencies. BACKGROUND: The Board has directed that steps be taken to utilize more minority-owned and women-owned businesses in construction contracts awarded by the County. The attached policy statement has been developed in response to that direction. The Public Works Department, General Services Department, the County' s Affirmative Action Coordinator, County Counsel, and the West County Justice Center Advisory Group were all involved in the preparation of the policy statement. A draft of the policy statement was circulated to a number of minority- and women-owned business enterprises, organizations representing such enterprises, and to several contract compliance officers for their comments. The final policy statement has also been sent to such groups as the Contra Costa Taxpayers' Association, Contra Costa Council, Associated Builders and Contractors, and the CONTINUED ON ATTACHMENT: X YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENCATION OF BOARD COMMITTEE X APPROVE OTHER � - S IGNATURE S ACTION OF BOARD ON September 15, 198/ -- APROVED AS REC4MM7NDED X OTHER VOTE OF SUPERVISORS r I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSEM- IV AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Cc: County Administrator ATTESTED 4M JIVE/ -�T 198 7� Public enera Works Director PHIL ATCHELOR, CLERK OF THE BOARD OF general Services Director County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-83 By—� ��i� _,DEPUTY Page 2 Central Labor Council in case they wish to provide written or oral comments to the Board. The policy provides the following elements: 1. It applies to all construction contracts awarded by the County which exceed $50,000. This includes nearly every construction contract which is awarded by the County. 2. Includes a goal of 130 of the dollar value of all contracts covered by the policy will go to minority-owned businesses. 3 . Includes a goal of 2% of the dollar value of all contracts covered by the policy will go to women-owned businesses. 4 . Specifies that where the contract is covered by state or federal funding that the County' s goals will take priority if they exceed the state or federal standards, and if the grantor agency agrees. 5. Provides for creation of a Registry of all minority- and women-owned businesses which wish to be contacted about bidding on any County construction contracts. 6. Expresses the intent of the Board that where equally qualified and equally cost-effective firms are available, preference should be given to businesses located in Contra Costa County. We note for the record that the Public Works Department would prefer to have had goals of 10% for minority-owned businesses and 1% for women-owned businesses to insure that the goals were realistic the first year, following which it might be possible to increase the goals. We have, however, kept with the 13% and 2% goals which are already a compromise from what had been sought initially. We believe that with the good faith cooperation of the Public Works and General Services departments' staff, we will have in place a policy which will substantially assist in insuring that minority and women businesses are notified of all opportunities to bid on County construction contracts. In accordance with the decision of the 9th Circuit Court of Appeals in the case of Associated General Contractors v. San Francisco, this County' s policy makes no provision for set-asides or bid preferences which could be used to force achievement of the goals. Therefore, achievement of the goals rests primarily on the sincere efforts of the departments to outreach to minority- and women-owned businesses and on the ability of such businesses to submit low bids or to be selected by a prime contractor as one of their subcontractors. However, by generally requiring prime contractors to demonstrate their use of minority- and women-owned businesses as subcontractors, we believe we have put in place a policy which meets the Board objectives. r CONTRA COSTA COUNTY MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM FOR CONSTRUCTION CONTRACTS Revised 9/3/87 A. PURPOSE AND APPLICATION 1. The general purpose of this program is to help develop and support Minority and Women Business Enterprises (MBE and WBE) by providing opportunities for participation in the performance of the Construction Contracts financed with County funds. An MBE or WBE means a business enterprise which meets the criteria specified in Public Contract Section 2000. 2. This program applies to construction contracts when the County's estimated contract cost is $50,000 or more, except when a contract is exempt from competitive bidding under Public Contract code Section 20134, "Emergencies". 3. Where contracts are financed in whole or in part with federal or state funds and the grant, loan or other financing device contains MBE and WBE programs; the County will, where permitted by the grantor, meet the program requirements with the highest MBE/WBE goals. The County Administrator will be responsible for monitoring the program to ensure the goals are met. 4. Since County construction contracts are prepared and administered by the Public Works Department and the General Services Department, each of these departments shall prepare such departmental procedures and contract provisions as are required to implement this program. a. Within 45 days of Board approval of this program, each department (Public Works and General Services) is to submit its proposed departmental procedures and contract provisions to the County Administrator for review and approval. b. The departmental procedures and contract provisions shall be in effect for all bid documents issued after the date of the County Administrator's approval. c. The departments shall specify in their contract provisions that failure to carry out the County MBE and WBE goals and requirements, as specified in each contract, shall constitute a breach of contract and, after notification by the County, may result in termination of the contract by the County or such other remedy as set forth in the approved departmental contract provisions. B. GOALS: 1. To implement the purpose of this program, at least thirteen percent of the total of all construction contract award amounts in each fiscal year, in each Department, shall be the goal established for MBE firms and at least two percent shall be the goal established for WBE firms, starting with fiscal year 1987-1988, beginning on the date departmental procedures become effective under Section A 4(b), above. It is further the intent of the Board of Supervisors to encourage, when permitted by law, the use of local Contra Costa County MBE/WBE Program for Construction Contracts Page Two (defined as located within Contra _ Costa County) contractors and subcontractors whenever doing so will not materially increase the cost of the contract and the contractors or subcontractors are otherwise essentially equal in cost and ability to perform the requirements of the contract. 2. The Department Head may determine that higher or lower goals are appropriate on a project-by-project basis, where it can be shown that the type, size or location of the project will affect the availability of MBE and WBE firms, so long as the aggregate of all contracts does not lower the annual goals. C. BID DOCUMENTS: 1. Bidders shall submit MBE/WBE information with their Bids. Such information shall be subject to verification by the county prior to the award of the contract. The information shall include names of MBE/WBE to be used, the dollar value of each such MBE/WBE transaction and whether the MBE/WBE to be used is local. 2. Contractors, subcontractors, suppliers or MBE/WBE members of a joint venture intended to satisfy County MBE/WBE goals shall be certified by the State Department of Transportation (DOT) or shall be listed in another Public Agency registry. The County Department may accept any of the following as alternate sources of certified MBEs and WBEs: a. Listing in a Contra Costa County registry established in accordance with Section D. b. Self-certification form for an MBE/WBE, or and MBE/WBE member of a joint venture, not already listed in the Registry or certified by the DOT. c. Evidence of certification on the self-certification form shall be submitted to the County on or before the bid opening. D. REGISTRY: 1. Each Department may establish and maintain a registry of self-certified Minority Business and Women-owned Business Enterprise in construction. 2. The purpose of the Registry is to provide a resource for prime bidders on County construction who intend to solicit bids from MBE and WBE subcontractors and suppliers to meet County MBE or WBE goals. The Registry will not constitute a recommendation or endorsement of any listed firm. Contra Costa County MBE/WBE Program for Construction Contracts Page Three 3. The registry will be developed and maintained by advertising, at least yearly, for letters of interest from MBE firms, WBE firms, and Community organizations (e.g. , Contra Costa County Black Chamber of Commerce, Contra Costa Hispanic Chamber of Commerce, Contra Costa County Minority Contractors Association, an Asian Contractors' Association, a representative of Women-owned Contractors' Association, and the One Stop Service Center) wishing to be included in the registry and notified of construction contracts including sole source contracts. Advertisements will be placed in the Daily Pacific Builder and in one. or more local newspapers of general circulation. The certification process will involved submission of a self-certification form similar to "Schedule A" and "Schedule B" which are now required for federal aid construction projects. The submitted form will be subject to approval by the County Department Head or his designee. 4. All MBEs/WBEs will be required, on an annual basis, to update their self-certification form by submitting a new form. Also, when there is a change in the information given on a form, the firm will be required to submit a new self-certification form for approval. 5. The self-certification form shall be reviewed by the Department Head or his designee to determine eligibility in accordance with criteria given in "Federal Requirements for Federal-Aid Construction Projects", Subject A, Section 23.53, as adopted by each Department. All information submitted by applicants in subject to verification by the Department. E. AWARD OF CONTRACTS: 1. If a construction contract is to be awarded, it shall be awarded in accordance with the Public Contract Code to the lowest responsible bidder who also does either of the following: a. Meets the County goals and requirements set forth in this Program and in the Contract provisions. If the bidder does not meet the County goals and requirements, the Department Head shall evaluate the good faith effort of the bidder to comply with them as provided below. b. Makes a good faith effort to comply with these goals and requirements, before the time bids are opened, in accordance with the criteria set forth in Section 2000 of the Public Contract Code. 2. Where these goals and requirements are not met and a good faith effort is claimed by the apparent lowest responsible bidder, the bidder shall be required to submit documentation before the contract award to show that the criteria for good faith effort have been met. 3. Once a firm is determined to be an eligible MBE/WBE, and before contract award, the total dollar value to be paid to the MBE/WBE shall be evaluated in accordance with the requirements specified in "Federal Requirements for Contra Costa County MBE/WBE Program for Construction Contracts Page Four Federal-Aid Construction Projects," Subpart A, Section 23.47 "Counting MBE Participation Toward Meeting MBE Goals," as adopted by each Department. If the evaluation shows that the bidder has not met or made a good faith effort to meet the contract goals for MBE and WBE participation, the bidder shall be disqualified. F. SUBSTITUTION OF SUBCONTRACTORS If an MBE or WBE subcontractor is to be substituted in accordance with State law, the Contractor shall be required to make reasonable efforts to replace the original MBE or WBE subcontractor with another MBE or WBE subcontractor. G. YEARLY REVIEW: 1. Each Department shall submit yearly progress reports to the County Administrator, beginning in July 1988. 2. The County Administrator shall submit a report to the Board of Supervisors in July 1988 and periodically thereafter at his discretion. 3. Progress reports shall include the percentages of the dollar value of all contracts awarded to MBEs and WBEs during the reporting period. If goals were not met, reports shall include recommendations for correcting deficiencies.